bb.outline.litigation&ADR - Litigation Alternative...

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Corresponding Reading Assignment (it will take 1 ½ days to cover this): Text: pages 52 – top of 61; 63 – 72 (stop at Beebe-Owen ); 75 – top 76; 80 - 89 On Blackboard: - J.E.B. v. Alabama ex rel. Supplemental Documents : - Plaintiff’s Original Petition - Youtube Deposition Link - Example of Written Discovery - Provision of the Texas General Arbitration Act - Sample Arbitration Clause - Verified Motion to Abate and Motion to Compel Arbitration 1. The Adversarial System a. Adversarial System: the amount of control that the parties and their attorneys have over the procedure i. Parties are largely in control of their own case; they conduct the research, argue legal doctrines, etc ii. Cheaper for public iii. The parties themselves research the law and develop the facts iv. The parties decide which issues are going to be presented, which legal arguments are going to be made, what evidence should be gathered and presented, and how the evidence is to be introduced in court v. The trial judge normally takes no action unless a party specifically requests it vi. Trial judges can “comment on the weight of the evidence” vii. Puts primary responsibility for developing the facts in the hands of those who have a natural incentive to do a more thorough job b. Inquisitorial System: judges and public servants take leading roles in disputes and have more control over the issues, research, etc i. More equitable and efficient ii. Used in European nations iii. The trial judge has much more control over the process, and the parties have much less than in the adversarial system iv. The judges are usually in charge of the investigation and gathering of evidence; they do not do this personally but have investigators who answer directly to them v. Works in these countries because juries of citizens are not used c. Good and bad points i. The adversarial requires fewer judges and more lawyers shifts more cost to the private sector ii. The inquisitorial requires more of the time and energy devoted to a case be expanded by public officials than by the parties and attorneys shifts more cost in the public sector 2. Litigation: Pretrial Proceedings a. The Pleading Stage
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i. Complaint (or petition): sets forth the plaintiff’s version of the facts and ends with a
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bb.outline.litigation&ADR - Litigation Alternative...

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